2006 New York Code - Appointment Of Law Guardian.



 
    §  1016.  Appointment  of  law guardian. The court shall appoint a law
  guardian to represent a child who has been allegedly abused or neglected
  upon the earliest occurrence of any of  the  following:  (i)  the  court
  receiving  notice,  pursuant  to  paragraph  (iv)  of subdivision (b) of
  section ten hundred twenty-four of this act, of the emergency removal of
  the child; (ii) an application for an order for  removal  of  the  child
  prior  to  the  filing  of  a petition, pursuant to section one thousand
  twenty-two of this act; or (iii) the filing of a petition alleging abuse
  or neglect pursuant to this article.
    Whenever a law  guardian  has  been  appointed  by  the  family  court
  pursuant  to  section  two hundred forty-nine of this act to represent a
  child in  a  proceeding  under  this  article,  such  appointment  shall
  continue  without further court order or appointment during (i) an order
  of disposition issued by the court  pursuant  to  section  one  thousand
  fifty-two   of   this   article  directing  supervision,  protection  or
  suspending judgment, or any extension thereof; (ii)  an  adjournment  in
  contemplation  of  dismissal  as  provided  for  in section one thousand
  thirty-nine of this article or  any  extension  thereof;  or  (iii)  the
  pendency  of  the  foster care placement ordered pursuant to section one
  thousand fifty-two of this article. All notices and reports required  by
  law  shall  be  provided  to  such  law guardian. Such appointment shall
  terminate upon the expiration of such order, unless another  appointment
  of a law guardian has been made by the court or unless such law guardian
  makes application to the court to be relieved of his or her appointment.
  Upon  approval  of  such  application  to  be  relieved, the court shall
  immediately appoint another law guardian to whom all notices and reports
  required by law shall be provided.
    A  law  guardian  shall  be  entitled  to  compensation  pursuant   to
  applicable  provisions  of law for services rendered up to and including
  disposition of  the  petition.  The  law  guardian  shall,  by  separate
  application,   be   entitled   to  compensation  for  services  rendered
  subsequent to the disposition of the petition.
    Nothing in this section shall be construed to limit the  authority  of
  the court to remove a law guardian from his or her assignment.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.